Being seriously injured in a motorcycle accident is devastating. You should be able to move through the insurance claim process quickly, but various things can stand in your way. This is especially true when insurance companies drag their feet, people deny fault, and other obstacles come up.

At Rubenstein Law, we are committed to finding the solution. Our Florida motorcycle accident lawyers will keep you informed, provide practical advice, and always pursue the best possible outcome.

Call us 24/7 at 800-FL-LEGAL or use our online form for a free consult. No costs or fees unless or until you win money. Remote and virtual appointments are available.

Who's Responsible for Your Motorcycle Accident?

On common problem is assigning responsibility and liability in a motorcycle accident. Injured bikers often have to deal with drivers denying fault for their recklessness. That’s because they may be liable for compensating you.

While other factors like defective parts and weather can cause motorcycle crashes, driver negligence is the most common cause of accidents across the U.S.

Some common examples of driver negligence include:

  • Distracted driving
  • Driving while fatigued
  • Drunk driving
  • Drugged driving
  • Speeding
  • Failure to yield
  • Failure to stop
  • Failure to use a turn signal
  • Following too closely
  • Other risky driving

Determining who is at fault can get complicated and contentious.

You can expect the accused party to push back. They will do everything they can to avoid being found liable. If they are, they’ll be expected to pay you for what you have been through. But there is good news. Working with a lawyer and independent experts can help you gather the facts and make liability clear.

Gather Evidence to Support Your Case

When fault is in dispute, the best way to win your case is to provide inarguable evidence. The burden of proof is different in civil court. You need to prove based on a preponderance of the evidence that the accused party is at fault. To do that, motorcycle accident lawyers typically obtain certain types of evidence.

Some examples of evidence in a motorcycle accident claim are:

  • Photographs of the scene
  • Photographs of your injuries
  • Video footage of the accident
  • Medical records
  • Safety inspection reports
  • Police and accident reports
  • Witness statements
  • Expert testimony

Sharing Fault In Florida Motorcycle Accidents

Bikers are frequently accused of causing crashes, so don’t be surprised if the insurance company or the liable party tries to place blame on you.

However, Florida is a comparative fault state. Even if people who share responsibility can be awarded compensation. Their award will just be reduced according to their percentage of fault.

Here’s an example:

A motorcyclist was stuck on I-4 by a distracted driver. The case seems cut and dry. But the rider was traveling five over the speed limit. And because of that, the judge found him 10% at fault for his resulting injuries. If the jury awards $250,000, it needs to be reduced by 10%. Because of this, the award is reduced to $225,000.

Being accused of causing the accident when you are the victim is a complication. But a lawyer advocating for you prevents powerful insurance companies from shifting the blame and reducing what you deserve.

Dealing With the Insurance Company

Speaking of insurance companies, these are large companies focused on profits rather than your interests. You’d expect them to treat you fairly, but dealing with the insurance company can be challenging.

Your insurance company is required to cover certain losses when you’re involved in an accident. That’s because Florida is a no-fault state. It doesn’t matter who is at fault for the accident. At that point, your personal injury protection coverage protects you.

However, the insurance company is going to lose money by paying out your claim. But you deserve to have your motorcycle repairs done right. You may also have massive medical expenses and require ongoing care. You don’t have time to deal with insurance adjusters dragging their feet.

Be Ready to Argue & Prepare for Court

You and your attorney can’t be afraid to go up against insurance companies and their legal teams. You may need to aggressively negotiate and present a strong argument for every expense you need to cover. Let’s say the insurer refuses to settle fairly. Your attorney should be prepared to deal with this.

Half of our attorney team are litigators. This helps if your case goes to court or not, because insurance companies know we are happy to go to court if they don’t give a fair offer to our clients.

From ensuring you’re satisfied with your settlement to taking the matter to court to protect your interests, we’ll do whatever it takes to ensure you aren’t taken advantage of during these trying times.


Rubenstein Law offers unparalleled support to the Florida motorcycle community, promotes safe riding, and provides riders and their families with unrivaled legal representation.

Accounting for All Your Losses

The last thing you want is to go through the entire claims process and not be awarded fairly for your suffering. This is one complication you can’t afford. Your motorcycle accident lawyer will need to ensure that all various losses are accounted for.

This not only includes your economic (monetary) damages, like medical expenses and lost wages. It also applies to your non-economic (non-monetary) damages. These have no set financial value. But they are just as valuable.

Some common non-economic damages are your:

  • Physical pain
  • Mental suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of closeness and love
  • Worsening of previous injuries
  • Scarring and mutilation
  • Damage to your reputation
  • Shame
  • Nuisance

These are only a few of the different types of losses you may be able to recover in your claim. Your motorcycle accident lawyer will need to consider all of the ways your life has been affected and will continue to be affected in the future. This will ensure that you can get the maximum.

Contact a Florida Motorcycle Accident Lawyer

If you’re not sure what to do after any motorcycle crash, contact Rubenstein Law. We have decades of combined legal experience to put to work for you. Call us today at 800-FL-LEGAL or use our online contact form today.

We are available 24 hours a day, 7 days a week. We want you to be fully informed of your rights and options to make the best decision for yourself and your family. Let us help find practical solutions and fight for you to receive full and fair compensation.

Remote and virtual appointments are available. No costs or fees unless or until you receive compensation for your injuries.

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We hope you never need a motorcycle injury lawyer.
But if you or a loved one is hurt because someone was reckless, you’ll be glad we are here.

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